Loud music killing verdict focuses on self defense

JACKSONVILLE, Fla. >> A
verdict in the city of Jacksonville is again raising the issue of
self-defense and race in Florida, just seven months after George
Zimmerman was acquitted in the shooting of a black teenager, Trayvon
Martin.

Michael Dunn, a white 47-year-old software developer,
could face 60 years in prison following his conviction Saturday on
multiple counts of attempted murder for shooting into a carful of
teenagers outside a Jacksonville convenience store in 2012. Jordan
Davis, a black 17 year old, was killed in the shooting, but the jury
couldn't reach a verdict on the first-degree murder charge against Dunn.
A mistrial was declared on that count.

The verdict is a far cry
from one delivered in the Zimmerman case, when he was acquitted in July
in the shooting death of 17-year-old Martin in Sanford, about 125 miles
south of Jacksonville.

Like Zimmerman, Dunn said he felt his life
was in danger when he fired the shots. But the verdict suggested the
jury struggled to see it that way.

Following an argument over loud
music coming from the car that Davis was in, Dunn said he shot at the
car with his 9mm handgun -- he said he was afraid and thought he saw a
shotgun in the car.

Legal experts say it's likely that at least
one member of the jury believed Dunn's story -- about being scared,
pulling a gun in self-defense and firing the first few shots, which
killed Davis. After more than 30 hours of deliberations over four days,
the jury couldn't agree on the first-degree murder charge.

"Although
I don't think the evidence supports this, it is possible that the jury
felt that Dunn was proper to stand his ground as to Davis, but his
shooting of the others in the car was excessive," said Kenneth Nunn, a
law professor at the University of Florida.

Nunn and other experts
said Sunday that it's possible the jury was confused regarding
first-degree murder and the concept that it must be "premeditated."

Another
area of confusion for the general public is Florida's stand your ground
defense law, which was a flashpoint during the Zimmerman case and, to a
lesser degree, in this case.

Zimmerman told police he shot Martin
only after the African-American teenager physically attacked him;
Martin's family and supporters say Zimmerman, who identifies himself as
Hispanic, marked Martin as a potential criminal because he was black.

In
both the Dunn and Zimmerman trials, lawyers decided not to pursue a
pretrial immunity hearing allowed by Florida's stand-your-ground law.
But in each case, jurors were told by the judges that they should acquit
if they found the defendant had no duty to retreat and had the right to
"stand his ground."

That phrase is part of standard instructions given jurors when they weigh a case involving a claim of self-defense.

But the state's stand your ground law was technically not part of either trial.

"Dunn's
attorney argued self-defense, which has been around forever," said
Miami defense lawyer and former assistant U.S. Attorney David Weinstein.
"I think people will say that because some of the language from the
stand your ground statute gets embedded into the jury instructions, that
stand your ground has an effect."

Judge Russell L. Healey could
impose a 60-year sentence -- state statutes call for a mandatory minimum
sentence of 20 years on each second-degree attempted murder conviction.

But
the Florida Supreme Court could reduce the total sentence to 20 years
if it decides that consecutive sentences are not appropriate when the
sentences arise from one criminal episode, said Weinstein.

"This
will make the decision to retry Dunn on the murder charge a little more
complicated," Weinstein said. "Agreeing on a sentence of less than 60
years and forgoing an appeal might be something that Dunn would be
willing to do and it would provide finality for the Davis family."

Dunn could also face 15 years in prison for shooting into the car. A sentencing date won't be set until a hearing next month.

By participating in online discussions you acknowledge that you have agreed to the TERMS OF SERVICE. An insightful discussion of ideas and viewpoints is encouraged, but comments must be civil and in good taste, with no personal attacks. Because only subscribers are allowed to comment, we have your personal information and are able to contact you. If your comments are inappropriate, you may be banned from posting. To report comments that you believe do not follow our guidelines, email commentfeedback@staradvertiser.com.

Leave a comment

Name:

Comment:

Please login to leave a comment.

HanabataDayswrote:

Lucky you DON'T live FLORIDA!

on February 17,2014 | 12:21AM

Name:

Comment:

UhhDuhhwrote:

Don't know why the prosecutors pursued first-degree murder. It was a chance meeting at a gas station between a hot-head and young dudes blasting rap music which is what they do. Dude should have just minded his own business, get his wine and chips and be on his merry way. But nooooooooooo, he thought he was tough because he had a gun in his glove compartment. Good for that idiot.

on February 17,2014 | 06:58AM

Name:

Comment:

808compwrote:

. If the teens had a gun with them, i would think they would have shot back when Dunn started to shoot at them.